It is possible to represent a witness. Funding would only be available under a CRM1&2. But you would need to justify attending on a witness. If a complex bit of law or a vulnerable client its probably fine. The simplest justification would be for a witness who is clearly at risk of self-incrimination. ​

+

+

The General Criminal Contract stipulates that a fee may be claimed for attending with a witness if there is a complicating factor and refers you to the Contract Guide. There is no such thing as a Contract Guide but the GCC is surely referring to any guidance issued by the LAA or other body.

+

+

There is no such thing as a complicating factor either. Its not in the LAA Criminal Manual or the Standard Criminal Contract or the Crime Contract Specification or even the Standard Terms. Hardly helpful. ​

+

+

But according to the Criminal Bills Assessment manual:

+

4. In the case of a witness who does not meet the definition of a volunteer, it must be demonstrated that they require advice regarding the risk of self-incrimination (Regulation 12(2) (i) of the Criminal Legal Aid (General) Regulations 2013).

+

+

It would therefore be sensible to check with the firm's Legal Aid supervisor. ​